HITESH PRADEEP MATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) The petitioner claims himself to be belonging to Mali caste which falls in OBC category. However, his such claim has been invalidated by the Scrutiny Committee at Akola by a majority vote. The opinion of the Chairman of the Scrutiny Committee (respondent No.2) dated 11.7.2018, however, is in favour of the petitioner. Two members of the Scrutiny Committee by their separate opinion of the same date diferred from the opinion of the Chairman and by their common opinion, invalidated the caste claim of the petitioner on the same date.

(3.) The first objection of the petitioner is that in the two separate opinions expressed by the Chairman and the two other members of the Scrutiny Committee, there is no sharing of views, exchange of thoughts on discussions held in a meeting, and therefore, the dissenting opinions expressed in the Scrutiny Committee do not qualify themselves as "order of the Scrutiny Committee". He places reliance upon the case of Sanjay Bhaskar Raimulkar vs. State of Maharashtra and Others (2017) DGLS(Bom) 314. Mr. D.P. Thakare, the learned Addl. G.P. appearing for the respondent Nos. 1 to 4 submits that, on facts, this case does not apply to the instant matter.